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So what if it does not cause danger. We are talking about 6 foot wide, 10 to 15 feet tall Mock Orange bushes. It is just an eye soar and its branches encroach over to her side by 3 or more feet in places. My mother’s property is immaculately manicured. It is just that the shrubs are 10 feet or more in places. The greatest danger would be that if my mom were to trim it herself on the uneven footing she is sure to fall and injure herself. She priced having someone come in and trim it but they would charge her fees that are difficult for her to afford on her fixed income. I took pictures of the overhang from a property marker showed a yardstick from the property line as proof of how much of the property gets impacted by the overhang. This has been an ongoing problem. That she has been incurring cost for over that last 15 years ever since my father died. My father would trim back himself but at one point the neighbors son would consistently trim it. He would ask to enter the property and do the work. Now he just does within his property. I looked at the other side of the neighbors house and spoke to the couple who is next to neighbor that owns the hedge Judging from their property line, the hedge encroaches over their property by 5 or more feet and the height of the hedge is 12 or more feet high. They are also unhappy with the circumstances but stay silent to avoid conflict with the neighbor.
What is the proper way to approach the neighbor. In essence, what would you do if it were your neighbor and you were the 80 year old widow trying to maintain her pride and joy, her yard. And the next door neighbors are unwilling but very able to do something about it?
With or without damage it is still an encroachment and you can trim the overhang. You can bring an action in court for an injunction (get her by court order to fix the issue) or trim it yourselves. When it is on your side you have the ability to trim or remove the amount on your side.
If I had already approached my neighbor nicely and have gotten nowhere, I could either trim the bushes myself or bring an encroachment action to court. If there is no potential for damage to my property I would trim my side and call it a day.
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